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HomeMy WebLinkAboutMINUTES-07/10/1969-Regular397 July 10,_1969 MINUTES OF A RL:;ULAP. MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, July 10, 1969, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Assistant City Manager Coffey,/City Attorney March, Jr., and City Engineer Bingman. Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the reading of the minutes of the last regular meeting held July 3, 1969, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None, The Mayor declared the motion adopted. The ;following ordinance was presented and read at length. on first reading: ORDINANCE NO. 39, 1969 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Lopez, seconded by Councilman Troxell that Ordinance No. 39, 1969, be considered favorably on first reading and be presented for final passage on the 7th day of August, A. D 1969• Roll was' called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS GIVING NOTICE CONCER'_vING A PRO- POSED ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLI''S, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE, IN ORDER TO CLASSIFY -FOR ZONING PURPOSES CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF FORT COLLINS 6 WHEREAS, heretofore the Qity Council of the City of F0-t Collins initiated annexation procedures for certain property known as the Ginley Annexation tofhe City of Fort Collins, more particularly described in the "Notice of Public Hearing" attached hereto; and WHEREAS, the owners of said property have petitioned that said property be included in the M-M, Medium Density Mobile Home District; and WHEREAS, the Planning and Zon.itg Board has made a study of said rezoning request and has held a hearing and has made a -eport and recom- mendation thereof, all in accordance with Section 19-46 of the Code of Ordinances of the City ofFort Collins, Colorado, 1958, as amended; and WHEREAS, the Citv Council desires to hold a hearing onsaidrezoning request as required by said Section 19-46. NOW, THE'?EFORE, BE IT RE30LVED 3Y THE COUNCIL OF THE -CITY OF FORT COLLINS that August 7, 19S9, at 1:30 P,M., or as soon thereafter as the matter may come on for hearing, in the Council Chambers in the City Hall ' of the. City of Fort Collins, is hereby set as the time and place for a public hearing on said zoning request; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to publish a notice of said hearing as provided in Section 19-46 of the Code of Ordinances of the City ofFort Collins.-Colorad^. 1959, as a: -,ended. in the form attached h=rats. Passed an'i 2dJ;`ed st an adjd'u rued m>eLin_ of th- City Council held th_ lCth i of Jug; A. D. 1' ?. �- 398 /sl Karl E. Carson Mayor. ATTEST: /s/ John Bartel City Clerk July 10, 1969 Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Neyes: None The Mayor declared the motion adopted. a"3 The following report was presented and read at length: TO: Fort Collins City Council June 4, 1969 FROM: Planning and Zoning Board SUBJECT: $54-69. Consider Unit Development Plan of Sleepy Willows First Filing, involving approximately 2.29 acres with R-P, Planned residential Zoning. The Board considered this item at its June 3, 1969, meeting and recommends approval subject to the following: 1. Dedications of Glenmore Drive 30 feet from center line. 2. Approval of the utility plans by the City Engineer and signing the usual agreement covering cost of same. 3/ Approval of the storm drainage plans by the City Engineer. 4. Compliance with Section 2d (1) of the Subdivision Ordinance which requires the subdivider to provide evidence of finan- cial responsiblity for proposed improvements. Owner: Maurice L. Daines. Location: NWT of Section 15, between Plum and Elizabeth Streets, east of Taft Hill Road. Respectfully submitted, Robert 0. Engelke Acting Secretary Don Reynolds, Planning Director, was present.and spoke regarding this plat, stating that the City Engineer had approved the plans and utility plat and advised the Council that this plat was acceptable and that he thought unit developments should be encouraged. Motion was made by Councilman Kruchten, seconded by Councilman Kissock', to refere the matter to the City Attorney to prepare an ordinance authorizing the Public Works Department to accept the recommendations of the Planning and Zoning Board on the financial conditions of the developers for the improvements of streets, utilities, etc., in areas to be developed. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Krucaten. Neyes: None. The Mayor declared' t-P motion adopted. Motion was made by Councilman Kruchten, seconded by Councilman Kissock, to waive the requirements on this pa-ticula- unit develop -.cent plan {I and to accept the reco:rLmendstions of the Planning and Zoning Boa:1. Roll Was called resulting as follo,.-is' AY-?s Co.•lncilm?n Carson. T-oxell. L0:. KlScpCa'_$-n; 11>ti:Cilt9^,i3"`h?.P'a-r r nnrlar=i• `� �. `inn^.1r'' ,. 399 July 10, 1969 Motion was made by Councilman Lopez, seconded by Councilman Kruchten that the plans as presented be approved. .. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Rayor declared the motion adopted. The City Manager spoke in reference to the 6% cost of living in- crease in City employees wages. The following motion was presented and read: I.yV- MOVED that the City Manager's recommendation that a six per cent (6%) salary increase to meet the increased cost of living be granted to all City employees other than the City Manager, Municipal Judge and City Attorney be approved, and that in accordance with Section 15 of Chapter V of the City Charter the City Attorney'prepa-e an o-dinance app-opeiating the sum of I58,988 to meet such salary increases and present it for Council action after September 1, 1969. Members of the -Council in regard to this increase and after considerable discussion, motion was made by Councilman Troxell, seconded by Councilman Kissock, that the salary increase be approved to become effective July 1, 1969. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. Marion Jones appeared and spoke regarding moving his,paper salvage operation out to the sanitary land fill. The City Manager advised the Council that he would like to discuss this matter with the Director of Public Works before giving his approval. The City Attorney asked authorization fro.n the City Council to appear in behalf of the City in the Hoffman case. Motion was made by Councilman Kissock, seconded by Councilman Kruchten, t?'at the City Attorney be authorized t6kp.-esent the City in the Hoffman case. Roll was called resulting as follows: Ayes: Councilmen Carson; Troxell, Lopez, Kissock and Kruchten. Nayes:, None. The Mayor declared the motion adopted. The City Manager stated that he would like to advertise for bids for construction of the golf course. The estimated cost being $209,460.00. Motion was made by Councilman Kruciten, seconded by Councilman Troxell, that the City Manager be authorized to advertise for bids on construction of the golf course. Roll was called resulting as follows: Carson, TroAyes: Coancilmen : 1. Lopez, Kissock and "Kruchten. Nayes: None. The Mayor declared the motion adopted. Motion wasrade by Councilman Troxe 11, seconded by Councilman Kissock, that the Coanr_9.1 adjoarn. Roll was called resulting as follows: Ayes: Ccuncilm= Carson. e ,ems n Troxell. Lo.,.,.., Kissock ani Kruchten. ^tam -- `uocY:, t iI d '- •- Glared t2em�tiun a3orted, and the Coun-'I a -a,,.___. i July lO_,_196_9 The Mayor declared the Council now setting as a Liquor Licensing Authority. The preliminary hearing on package liquor license application by Wayne C and Pryntha J. Jones dba The Jug, 214 Walnut Street, was presented. .The following resoluti6n wat presented and read at length: io F RESOLUTION cq" OF THE COUNCIL OF THE CITY OF FORT COLLINS ACTING AS THE LOCAL LICENSING AUTHORITY SETTING FORTH FINDINGS ON A PREi,IMINARY HEARING ON A LIQUOR LICENSING AUTHORITY WHEREAS, heretofore Wayne C & Pryntha J. Jones made application to the City of Fort Collins for a retail liquor store license, and WHEREAS, the Qty Council acting as the local licensing authority has received reports concerning such application, and has held a preliminary hearing on such application as provided in Rule 3 of the Rules of Procedure of the liquor licensing authority. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS acting as the local licensing authority that the authority hereby makes the following preliminary findings and determinations concerning this application, subject to the right of any party in interest to p-esent further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 17 day of July, 1969: 1. That no licensing authority has denied an applicationat the subject location within two years preceding the receipt of the application, for the reason that the reasonable requirements of the neig;ibo^hood were satisfied. 2. That it satisfactorily appears that the applicant is or will be entitled to possession of the premises 3. That the sale of liquor at the subject p-emise is not in vio- lation of the ordinances or laws of the City or any other jurisdiction. 4. The building wherein the license is sought to be exercised is not closer than 500 feet to any public or parochial school or the principal campus of any college, university or seminary. 5. That, the bou ndaries of the neighborhood to be served by this applicant are as follows: 6. That the necessary notice of hearing by publication and by posting of the premises has been given as provided by law. 7. That the applicant is qqalified under the ordinances of the City and the laws of the State for the license applied for. 8. That the application is in proper form and will be heard by the authority at the hearing previously scheduled, provided application is supplemented by a copy of. the lease agreement. Passed and adopted this 10 day of July, 1969. /s/ Karl E Carson Mayor ---- ----- ATTEST: /s/ John Bartel City Cleric Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that this resolution be adopted. Roll :ras called resulting zs fol- lows: Ayes: Councilman Carson, Troxell, Lopez, Kissock and Kruci-iten. Nayes: None. The i1 P decla_^ C the motion sdo,�ted. 401 July 10, 1969 ! The Mayor declared the meeting recessed until itis reconvened at f , at 2:00 to hear -the following liquor applications: The mayor declared the meeting now in session. Mr. lelph Harden, Attorney, representing Floyd and Regina K. Baker dba " Bake's Restaurant, 249 South College, asked if any one present objected . to the granting of this license. There being none, he presented Floyd Baker of 1215 Juniper, who was sworn in by the court Recorder. Mr Harden asked Mr. Baker about his previous employment. Mr. Baker stated that,he had been a club manager for the Elks Club for 8 years and co=owner with wire i of restaurant and coffee shop since Novembe-, 1968. He was asked the zone of this area. He stated it was in the downtown business distr'ct a -ea with very few residences and in the B-G, General Busieess Dist-ict. Had Had served as manager of other business for 30 years and 7 or 8 yea-s experience as operator of business that served liquor with restar rant. Had. no convictions. Filed application with the Citiy April 14, 1969. Mr. Harden presented exhibit A, which was a copy of the lease. Exhibits B, C and D were letters of recommendation submitted by Mr. Baker with application for license. Exhibit E was the remodeling plan for restaurant on South College, consisting of bar, restrooms and kitchen changes. These exhibits were presented to the City and received by the auth- ority The City Attorney asked what Mr. Baker was going to do with the base- ment. Mr. Baker stated that he had no plans to use the basement for any operation at this time. Was making changes to confo-m with >'xhibit E Bar to be completed by July 14th. Property had been posted to confo-m with rules and regulations. He presented exhibits I and J which were photos of work progress. The City Attorney stated that these exhibits will be received by the authority. Mr. Baker was asked to give the views of people living in the area of his restaurant. He said there no objectors. Mr. Harden pre- sented exhibit F which were petitions circulated to the residents with 93 names who patronized his restaurant. Mrs. Goldie Attebu-y, an employee and Mr. & Mrs. Baker circulated these petitions to people over 21 years of age. Mr. Harden offered exhibit G which were petitions circulated to owners of downtown people and had 72 signatures. Exhibit H. were peti- tions circulated 'in the residential area with 32 signatures. These were also over 21 years of age. Mr. Harden offered exhibits F, G and H to the CityAttorna who received them on behalf of tit= Authority. Mr. _- _s 3 Bak_ w__ asked if tl-,ere wa-e any othe- catlets for li "ac,`" in the City and he state,: there :were not. The nearest outlets we-e the Safs-i. Blaac Kniolit. Hauf Brat and ln9r J31 Broiler. The Clt Att0-^e SE,iei if they had checked 402 July 10,_196_9 a .with Fire Department. Mr. Baker stated that he had and when remodeling was completed would comply with City regulations. Councilman Troxell asked what the capacity of his place was. He stated that -it was bar 44 and restaurant 90. Two restrooms was installed with all new equipment. This all passed Buildirg and Health Inspection. The Mayor stated there there no other questions Mr Harden asked John Bartel, City'Clerk,who was sworn in, for testimony and question- ed when application was received and who made the next application. Mr. Bartel started that his application was received April 14, 1969 and the Sportsman Cafe was received on June LI, 1969• No further questions were asked Mr Bartel. The Mayor stated that there was no further evidence of comments and 5 declared this application completed and would be taken under advisement. A recess was called at 2:35 P.M. and reconvened to hear the applica- tion of Everett Dale and Melva Jean Meyer dba the Sportsman cafe, 1002 North College Avenue, at 3:CO P.M. Mr. Dean Olson, Attorney, representing Mr. Meyer, asked if there were anyone appearing who wished to object to this application and asked the City Clerk of any petitions or remonstrances had been filed. He was advised there were none. He presented Everett Dale Meyer, who was sworn in. He has been a restaurant owner for 29 years in Colorado at 1002 North College. This is an established business and can handle banquets, clubs, etc. Wife is co-owner. Also had partner in business for 7 years previous. Mr. Olson presented exhibit A, which were plans for remodeling the Sportsman Cafe. Liquor will be o_oerated from this business The department on the back side -night be left off because of financing. Exhibit was A was received by the City Attorney and Authority with no objections. This liquor application -was investigated by Fire Chief Yonkers and stated that he did not comply with the Fire Code. Mr. Meyer stated that he does plan to build according to the code. This was also investigated by the Building Department and was not in compliance with the building code, but that is planning to make building plans to comply with same, Mr. Olson offered B and C which were petitions which contained 96 and 95 signatures of patrons of and E the restaurant and were obtained by M- Mayer and his wife. Exhibit D/were petitions circulated to residents. These petitions were circulated between June 4 and July 10, 1969• Exhibits B. C, D and E were received by the Author= ity.. Exhibit F was t::>e preliminary report from the City administration that should be received. Exhibit received by the'Authority, with no objections. Mr. Olson asked if there were ay outlets in the City. Mr. Meyer stated no. Mr. Baker's restaurant was 13 blocks from his place and the bound- aries for his a-jnliaation did not include Be!;e's `restaurant.* The closest outic- 403 July l0_,_l,9.69 ` of.this type was 3 miles. He had not been convicted of any felony. With r_•o- j further evidence, the Mayor declared this hearing complete and the application would be taken under advisement. The Licnsi,hg Authority recessed until 7:00 P.? Leslie P & Ruth A. Ware dba The Top, Inc., 211 Canyon Avenue. Mr. David Wood, Attorney, representing Mr. Leslie Ware, 1801 Sheely i Drive, was present and introduced Mr. Leslie Ware, who was sworn in, for testi- mony. Mr. Ware stated he had been a resident of Fort Collins for 8 years in the food business, The Top, a Colorado Cap., and he owns 100% of the stock, which is a restaurant type of business. Was in the commercial broadcasting for 20 yea and owns an interest in the Federal Commercial Commissinn. He was asked -if he thought he would nave any difficulty operating a liquor license, he stated none at all. He Vasasked if he would manage "the restaurant himself or if he would. hire a manager and he stated if he did hire a manage-, that he would be super- vised by himself This business is in the B-G, General Business Dist-ict and surrounding businesses are commercial. Mr. Wood presented Exhibit A which were plans for the remodeling of the senth floor. This was presented to the City Attorney and authority for review and received without objections. Mr. Wood presented exhibit B which were photographs of the building and kitchen, ten photos of the physical conditions of the Top. These photos were p^esented at the time of the application. This was received and accepted by. the City Attorney and Authority. Mr. Were stated that he would like to ask permission to install a service bar to better serve his patrons, financial funds are from personal funds. Exhibit C were lunch and dinner menus at the Top. This' was also received by City Attorney and Authority. Mr. Ware stated that the seating capacity .of the.Top was app-oximately 195• The small dining room will be left out for patrons coming and going The kitchen has passed all health standard8, stating that the hogs for serving food would be lunch 11:00 A.M. and dinner from 5:30 to 9:00 P.M with bar re- maining open, but plan to try to close it at 12:00 P.M. Mr. Wood asked if Ware sdntertainment will be provided. Mr./Stated that he had planned none, perhaps some organ music occasionally. No machines or devices. Exhibit D were _=ti- tions circulated. One petition was circulated in the near neighborhood and the residents in the block on the west, north aLld south of the .building. All peti- titions were circulated under his scpervision by he and four members of his staf- with his certification and circulated after the application was submitted to the City. Thses . exhibits _Sere presented and received by the City_and Au,nori, no objectinns. 0 July 10, 1969 Mr. -Ware said he had proof of posting and publishing and stated that no liquor licenses are in operation in the Citylimits. He was asked if his place met the Fire and Building Code rules and regulations. He stated that he had a telephone conversation with Mr. Clyde regarding this. Had pahic doors and bars and had fire exits on the east and west though the pantry to a stair- way. Stated that he is willing andable to comply with the rules and regula- tions of the Fire Department, The Mayor asked the members if they had any questions to ask the applicant. Councilman Kruchten asked if these electric doors operated Manually as well as electrically and Mr Wa-e stated that they did. Mr. Ware was asked about the toilet facilities and stated that they had been adequate to take care of all their needs and had private vacilities in " location of office if needed. Mr. T'ood stated that he had no further evidence to present. The Mayor asked if there any objections to this application. There being none, Mr. Wood summarized in behalf of his client and the Mayor declared the application ended and would be taken under advisement by the liquor licensing authority and the hearings were recessed until 8:00 P.M. The licensing authority reconvened to hear the case of Rogaer W. Springston dba The Golden Ran, 214 Linden Street. Mr. Wm. T. Allen, Attorney, representing Roger W. Springston, introduced his client and Mr. Springston was sworn in. Mr. ADen asked befo-e the proceedings start that the application to transfer a beer license be post- - .. poled indifitely. The City Attorney stated that the property will have to be posted again. Mr. Springston lives at 3310 Moore, Fort Collins and is formerly from Chicago, Ill. He is in business at 214 Linden Street where he nnw holds a 3.2% Beer License. He has no convictions or relations with Police Department and has an excellent record. Has been in business for 3� years. Asked what t'ne remodeling would cost and he stated $3,000 to $5,000 and that he has the finances to take care of the remodeling. The buskess is on the first floor and building was completely remodeled two years ago. Building is of brick construction and he leases from Mr. Moanch. Seating capacity of his business is 97 to 117. Has room to remodel the kitchen area. Menu will be business men's lunch' with a variety of foods. No other liquor outlet is in the neighborhood and has had . requests from residents to change from a 32% beer license to liquor license Four businesses objected to liquor license Attorn,.y Allen prasente' exhibit A cr'",ic!i era-e Petitions signed by residents of Fort Col L-Ts in fs-.or of the application arid Exhibit B -et tions siKned,by present patrons of his business. These were received . Juiy_lo_,_196.9 by the. City Attorney and Authority with no objections. Mr. Springston was 'asked if he had adequate parking in the neighborhood and stated that there were - plenty of parking spaces. Exhibit C was eight photos taken at various times and dates showing the immediate parking at 214 Linden Street. The City Attorney and Authority received Exhibit C. The Mayor asked for questibns by the Authority. Council- man Lopez asked if the petitions signed were 21 years or older and Mr. Springstot stated they were. Councilman Kxaachten asked the approximate cost he will charge for lunci; and dinner. He stated about $1..25 for lunch and $2.25 to $4.50 for,dinner. Councilman Troxell asked if he was familiar with the rules regulations of the liquor code of the State and City. Mr. Springston stated that he was. He was.asked about the kitchen and toilet facilities and the City Attorney advised him that he would have to meet.the fire and building specifications. He stated that he would comply. Jane Tester, 4980 Hogan Drive, Fort Collins, appeared before the Hoard and was sworn as a witness and testified in behalf of Mr Springston. She works four doors north of Mr. Springston's place of business and testified that he conducts a very good type of business with no rowdyism allowed and site would like to have a good place where she could have a good reasonable priced lunch and recommended granting the license. The Mayor asked if any one in the audience wished to object tol this license, there being none, Mr..Allen spoke in behalf of Mr. Springston and stated that if there are any deficiencies in the Building Code, they will be met and also stated that Mr. Springston's business is attractive, clean and well oper- ated. The Mayor asked if there any other comments or questions, there being none, the applica.tEion.will be taken under advisement, and this hearing was adjourned to meet at 9:00 A.M. July 11, 1969, for the next hearing. There was some discussion among the members, since there are no standards or regulations that an applicant must meet in applying for by the dr1nk liquor license, should the Cityset up guide lines to be followed in the kitchen. washrooms, etc. motion was mane by Coundilman Troxell, seconded by Councilman Krucihten, that the City engage a consultant to evaluate the various types of applications and submit a report to be considered by the Authority. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez," and Kruchten. -Nayes: Coun ilman Kissock. The Mayor declared. the motion. adopted. Councilman Troxell recom_nended that Mr. Burle Tomlinson, Director of Foods at C.S.U. was ..elleualified and be,contacted in this regard. 406 July 10, 1969 ....._.... _ , a„ .:._,._.. �. ,_ram .......... _ I The hearing on the applicatiq':of Morris G. Magie dba Town Package, 12L} North College was presented.. Mr. Magie was present representing him- self. The City Attorney questioned him concerning his request for a apackageVr liquor license. He stated that he had no police record. Had been in this business since April 13, 1964 and lease had been renewed recently.Asked if had been investigated by the Building or Fire Department. He stated that -fie_ had not but had the regulations of same and stated thay are minor deficiencies and will be corrected if license is granted. The basement area will be used as storage only] and public will not be admitted. Exhibit A was presented which was the reports of the various City departments. The City Attorney advised him that he needs fire protection on the under side of the ceiling and another access to building. Also neeifor plumbing in the r•estrooms and basement does not meet fire code regulations. Mr..Magie stated that this. i will all be taken care cC. Mr. Magie stated that he works at C.S.U. durnign the day and sone takes care of the business at that time and he operates the business at night. Stated he has loan at University National Bank. He sated that if this application is approved, it will be operated the same as presented. He was asked if he was familiar with the liquor license laws in the City of Fort Collins, he stated that he was. He said that-Bickel's Drive In liquor store was approximately one mile from his place. Councilman Lopez questioned him concerning the walk up window. He stated a walk up window was approved by.the Building "epartment, however due toTremble Court being a business area, a drive up window was not allowed. He was asked if he had a copy of the Fore Collins and State regulations. He stated that he did. The Mayor asked if any one in the audience wished to question Mr. Magie, there being none, he asked Mr. Magie if heitad any other comments and advised him that the Council will take his application under advisement and if license was granted, the deficiencies must be taken care of. Councilman Kissock advised him to wait until his license was approved before making any changes. The Mayor declared that this application closed until next hearing at 10:00 A.M. The Mayor declared the Liquor Licensing Authority reconvened. The application of Wellington J. & Patricia A. Fenell dba Campus blest Liquors, 1107 City Park Avenue, was presented. Mr. irlm. H. Allen, Attorney, representing Wellington Ferrell, Jr. was present and introduced Mr. Ferrell, who was sworn in. Mr. Ferrell lives at 22Cn Vassar, Fort Collins. Works for the Department of Revenue of Colorado as a liquor investigation office, and p^eviously as manager of liquor store in Greeley. He stated that he will not be the owner of the building. Mr. tm. Bar -ran will own it. Has arranged for financing. Building is of zood 407 - - J-03 10, 19L-9--- construction and has adequate parking and access road out of City Park Avenue j and curb cut into West Elizabeth. He was asked if there was any other bottle store in the City and he stated none. Chsest outlet is Jerry Anderson who is in approximately 2 9/10 miles and Brunner outlet will be ll� miles. This is/a small shopping -center and a very nice residential area 8,000 to 10,000 is residences. Mr. Allen asked Mr. Ferrell if he circulated petitions. He stated that he did and had 210 signatures. Had some opposition. Exhibit A, were petitions with persons all over 21 years of age and circulated by himself. This was received by the City Attorney and Authority. He was asked by members of the Council {Df Mr. Bartran would get a percentage of his gross profits. He stated tht he rented from Mr. Bartran and this was a part of the lease. Councilman Troxell asked how close his business was to C.S.0 and he stated that it was over 500 feet to principal campus. The Mayor asked if any one wished to speak in oppsition to this application. There being none, Attorney Allen called Mrs. Ferrell to the stand and was sworn in to testify in behalf of Mr. Ferrell. Since there were no further questions or comments, the Mayor declared. the hearing closed and the application taken under advisement. The application of A. C. Greenwalt & Stanley E. Griffith dba Ace Liquors, 200 E. Mountain Avenue, was presented for hearing. Mr. Alden T. Hill, Attorney representing the applicant, introduced Mr. A.. C. Greenwalt, who was sworn in for testimony. Mr. Greenwalt is 65 years of age, has been in Colorado 50 years, been in real estate business for 25 year:. and before that in livestock His financial status is $70,000.00. Exhibit A was floor plan of business. Has owned building since November 1963. Purchased it with intent to sell liquor if and when it came into the City limits, stating it is easy to get to and off the main street. He plans to convert cab business to liquor business. Exhibit B were personally circulated petitions with all signatures over 21 years of age and, before application was presented to the. City. Exhibits A and B were received by the City Attorney and Authority with no objections. Mr. Hill asked Mr. Greenwalt if he had been approached by the people of Fort Collinsw3nting this application. He stated that he had. Asked if he knew the number of liquor outlets in. other cities, he quoted those in Durango and Loveland. He stated that the closest package liquor store was Bickels an Youngs and that there is a need for a package store in this locality. Coun- cilman Troxell questioned him concaving various cities selling package liquor, outlets and the names of the :,)13ces. Mr. Green':;alc stated that Dursngc, pop ulaticn of approximately 11-.500 had 21 liquor outlets and Lcveisn'-, o city had 7 outlets. Co u nic i1r..n T^I I sSke:1^ir, i- he ^8."'. read tliC':J^ July 10, 1969 rules of State and City, and if he was familiar with the rules and regulations of building and fire department regarding specifications. He stated that he had read the liquor laws and thatIthe building and fire regulations were all acceptable and appropriate. If granted would start immediately to convert building. Mr. Stanley E. Griffity, co-owner of Ace Liquors, was.'ealled to the stand by Mr. Hill and sworn in for testimony. He stated that he was 39 years of age and owner of Ace Cab Company, operating it for 10 years. He stated that if. this license was granted, he will move Cab Company to across from the Library. His assets are approximately $25,000. Circulated petitions with Mr. Greenwalt to residents over 21 years of age in this area, stating Mr. Griffith has no conviefions and character is very''good. The Mayor asked if any one had any questions. Councilman Troxell asked if he had read the liquor laws. He stated that he had. The Mayor asked if anyoae wished to make any comments concerning this application. There being none, he advised the applicantsthat the application would be taken under advise- ment and the hearing was adjourned until 1:00 P.M. The application of Darrel T. Blake dba White Motel Corp., 111 West Prospect Street, was presented. Wm. T. Allen, Attorney representing Mr. Blake, was present and introduced Mr. Blake,who.was sworn in for testimony. He is Secretary -Treasurer of the White Motel and lives at 720 Cherokee Drive, Fort Collins, Colorado. Formerly lived at Yuma, Colorado, and has lived in Fort Collins since 1942 developer. Has no police record. Is a general contractor and land Mr. Allen presented Exhibit A, which were the proposed plans for remodeling. This was received by the City Attorney and Authority. The building is 20 years old. The Cbrporation will bring the building up to the building standards. Estimated cost of remodeling and stocking the business with goods would be approximately $30,000 with package liquor. Construction of building is frame and masonry. This is part of the shopping center area and five dher businesses under same'building at 111 W. Prospect. Most of this area is residential.except along College avenue, there is some commercial. No other license in this neighborhood and no objections to this license. Asked if he had circulat ed petitions. He stated that he had to those residing in this area and all were over 21 years of age. Had been restricted to property owners. Exhibit was presented which was a petition with over 10C signature=_. This was received by the City Attorney and Authority :with no objections. The Mayor asl:. i i`_' tier- ar. c,:estior_s b the C until. Mr. El-ske waS asked if he had complied th the Fuildini rode. He state."'.. t^at ^e n3-. The Clt; At:onne-. re t )n *Ile T-nS"�Ct^rs_�>__- MJ July 10. 1969 way to basement. partitions need to be made fire resistant and more toilet facilities before the application is approved these must be corrected. Council Troxell asked if he had read the liquor laws and he stated that he had. He also asked Mr. Blake how close he was to the University. He stated he was over 500 feet from it. Mr. Arthur Eugene Rouse was called to the stand by Mr. Allen and was sworn in as a witness. He stated that he was owner and Manager of Fishbecks for 20 years and since 1967 had an active interest in Aquatec. He has been in FortCollins for 34 years and part owner and President of White Motel, Corp. Asked if statements made by Mr. Blake were true and he stated tat they were. Councilman Troxell asked if he had read the liquor laws. He stated that he had not but willing to. All deficiencies would be taken care of. Mr. Allen asked if there other questions by the authority of any one in the audience. Mr. Edwin Miller of 400 Stuart Street appeared and spoke in opposition to this license. He owns property in the 100 block of West Prospect Street and in the 600 block of South College. He has been in real estate since 1912 and spoke for some time objecting to the fact that a liquor license in this neighborhood would make it into another Linden Street and would deteriorate and depreciate the property of the property statistics due to drinking. Quoted the State Highway Department Mr. Allen spoke and explained that this was only a bottle store and would not be serving drinks. The Mayor asked if there any other questions. e Mr. Blake appeared again and was asked if they owned the White Motel and other shops in that small shopping Center. He stated that they did. Mr. Allen stated that the men applying for this license were upstanding men of good character. There being m other comments, the Mayor stated this application would be taken under advisement and declared a recess until the next application at 2:00 P.M. -- The application of Glenn M. Brunner dba Prospect Liquors, 220 West Prospect Street, was presented for hearing. Elery Wilmarth, Attorney, -representing Glenn M. Brunner, was present - and introduced his client, who was sworn in. Mr. Brunner.lives at 1117 City Park Avenue and is self employed. Has had no felony. Mr. Brunner was asked if he had read the rules and regulations of the'lieuor code. He stated that he had. Asked wiere he planned his business and he stated at 220 W. Pres_ec`.. He was asked if there was an exist -in, -.building. He stated Mr. Ben Olds. the owner,, was a3din- on the present bu.ildin? R 410 July 1Qr_1969 __— Mr. Wilmarth, presented Exhibit B which was the lease of package store site and containing Mr. Olds' signature. This was received by the City Attorney and Authority with no objections. Mr. Brunner stated that the building is being constructed at this time and will not be open until the building is completed and all specifica- tions are met by-Building,Code,of the City of Fort Collins. . Asked if there was:'any other liquor outlet in the neighborhood. He stated that there was not. Mr. Wilmarth asked if the needs of the neighborhood are being met and if he was aware of the neighborhood boundaries. Mr. Brunner stated that the needs of'the neighborhood were not being met and he knew the boundaries. Stating that the neighborhood is very well kept, mostly residential with some businesses mostly small. - Exhibit B was petitions circulated in the neighborhood, mostly home owners, also petitions of business men in that location. ExhibitsC and D were petitions circulated in behalf of the applicati_.r by himself. These exiibits were received by the City Attorney and Authority. Mr. Brunner stated that he was over 500 feet from any school or campus. Will own the business himself with no other partner. Asked about his financial status. He stated that he will sell his present business and use that money to. start a liquor store. Exhibit A were plans of the building recently under construction at 220 W. Prospect Street, also showing the parking area. This was received by the City Attorney and Authority. He was asked if he considered the U.S. Forestry building a part of C.S.U., and he stated he did not. Councilman Troxell asked if the property had been continuously posted. Mr. Wilmarth stated that it had. No architectural drawings onthe building. The City Attorney stated that there were conflictinc reports that this application was to be withdrawn because of another applicatic- near this. Asked how much parking he will -be able to provide. He stated he did not know but thought there would be plenty. Asked if he had read the Colorado Code and City rules regarding a liquor license. He said that he had. . Stated that Mr. Olds will receive a percentage of profits after $50,000.00. Mr. Ben Olds of 1600 Shealy Drive, was called to the stand and sworn in as a witness for Mr. Brunner. He is self employed as a contractor and owns the property in question. Exhibit A was plans of the structure. This was received by Authcr•i� for whatever vallue they present. No objections. Structural work must meet the building and fire department inspection. There are parking spaces, 15 in cr- line. Has known Mr. Brunner three or, four years and thinks he .•:ill be a xc_4 operator. The City Attorney stated certain, de I'iciencies ani he stlatei t-_..._: �.�. -.n ..�....�. ..._>.t. ...«+.--.....�...a_....�.-... _.,sue w -��-..e.�. .._. . lam.-�... .._.-..:... - . i. .. ': .._ _ .... ..... . .. .. .. .' 411 July 10, 1969 complies with the City regulations. He stated that he is-under:bond'and must meet all specifications... Does not.have an architects drawing, stating that Lynn G°reenwood, a City employee in the Buil-ding'Dept:, prepared their drawings. This building was constructed some time ago and not firpshed and he had to get.a second building permit to finish it -as -it was only 50% con- structed. Statin g that he had been in the building business for 35 years. The City Attorney asked for interior plans and asked if he was con- structing shelves, etc. Mr. Olds stated that the plans dod not call for shel•:e as they would Probable be prefab as they are considerably cheaper. Mr. Olds f stated that the building 150 feet by 25 feet and meet all building and fire code specufications to the last detail Plans show full basement. There will be toilet facilities.. There were no other questions for Mr. Olds and no further evidence by Mr. Wilmarth. Mr. Brunner was recalledto the stand and asked if he could define the area to be leased and basement. He stated area was-, in the lease and the plans submitted. Mr. -Don Nelson, Attorney, appeared representing Mr. R. A. Brant, 2901 Wakonda Drive, who ownes the_ Varsity Court at 228 W. Prospect, adjacent to.220 W. Prospect. He has student housing and concerned with the liquor store being so close to the Court He has owned this since October, 1967. His opinion that if ligtaar is too available that the students will drink more than if the outlet was farther away. should �e considered part of the C.S.U. He stated that the Forrect Service Offices in this building are C.S.U. facilities and measures 250 feet to his door. Exhibit 2 were petitions personally circulated'with 51 signatures of property owners objecting to this license. This was received by the City Attorney and Authority. Attorney Wilmarth objected, stating there was no age shown by the signatures. Exhibit 1 was encroachment. Mr. Brandt stated that the property was surveyed by James Stewart in 1969, and the building being constructed encroaches 76 feet on the front and 51 feet on the rear. The Mayor asked if there were any further questions to be asked Mr. Brandt. Attorney Wilmarth asked Mr. Brant if he knew what the terms of the Forrest Building were and he stated that he did not. Mr. Wilmarth asked tha-, all previous remarks by Mr. Brandt be stricken from the records. Objection overruled. Mr. Wilmarth stated that the survey was heresay and had no proof of same. The encroachment ,.;as received by the'Authority with no objections. Mr. Brandt stated the of-er oolication in the area wculd r.ot be as handy to students in his co=lex any rrf.erred that they ?_r ice rather ".n?n•�''- for ad I T_t iG n s 1 2 ! i ^1ie8. , At 'or:_e il I cb r 412 July 1Q, 1969 ing be conducted by the Rules of Procedure and Mr. Brandt's remarks were h'resay and this was anadmini:strative hearing and not a.Court of Law. Councilman Troxell stated that it was his opinion that the S. S.._ to Forest Department be askgd to testify as/their status with C.S.U. The Mayor declared a.recess of the Liquor Authrority. Attorney Wilma -- objected to the entire proceedings and recommended the hearing be nul and void. and it was his contention that the Liquor Licensing Authority had no authority to hold hearings. This was overruled by the City Attorney. Mr: Wilmarth objected to any testimony of C.S.U. as there is onermmber_ i of the authority who is a member of the C.S.U. Staff and should .inot set in as a member of the authority. The City Attorney stated that he has a right to set i n as an' authority to deny or approve. Mr. Donald Morton, 1219 Fairview Drive, an employee of the S. S. Forest Service, was present and was sworn in to testify. He stated that the location of the Forestry building location has been under lease for 49 years and is a part of C.S.U. They work in cooperation with C.S.U. with science and graduate work and other student study programs. There are no actual class room studies held but have regular seminars held here. Asked if the Forest Service appeared in the C.S.U. catalogue and he stated no it did not. It is considered academic. The maintenance is done by Government employees, stating that it wa.used mo stly for Governmental and used by students for courses requiring consultation with the Government. Mr. Charles Terrell, 1505 W. Mulberry Street, Secretary of the State Board of Agriculture, appeared and was sworn in as a witness. He stated his prime .function was keeping records and that Lake Street separates the north line and Prospect street separates the south line of the antingen.sie= of C.S.U. Exhibit 3 was a map received by the authority. He was questioned regarding the validity of the Forest Department being a part of C.S.U. He stated it was on C.S.U. lan(l, but operated by the U. S. Government. There a --- co-operative programs between the Forest Service and C.S.U., such as seminars, conferences, staff meetings, research programs, etc., in the building and in t._- field, meaning mountain areas, etc. He stated the land is a part of main campus, but the building is not. Also the State Forestry Department was in this building and under C.S.U. with additional facilities downtown. No stun,'_ under State Forestry Department, and that classes were field in dormitories ar._ not regularly scheduled. Mr. Wilmarth asked if Exhibit 3 was going to be offered. Objected to this exhibit, ssyin^ that the license recoestel was 5"C feet iron an-, and aS:_ed 1_ tne- o:ere a,rare that ^i:)un' lIman a mefr.te of 413 July 10_,_1969 request of Councilman Troxell. No further questions were asked.. The Mayor asked if there any other i questions or comments by the.audience at this point. Mr. Edwin Miller, 400 Stuart Street, was again sworn in to appear in to »: objection/this location for a retail liquor license, stating he was the owner of 2.7. units.nearby, had invested a quarter million dollars -and would like `: . for his property;value to remain at a high level. Mr. Wilmarth appeared requesting five days to obtain drawings, pre- pared by a_ license architect. He was advised that no time limit had been set. There Were no objections and Mr. Wilmarth's request was granted . 'There was no further questions and the Board adjourned to take this .matter under advisement. Ma r aTTF:CT,